Court of Appeals orders Agra: Explain Zaldy Ampatuan indictment

MANILA, Philippines - The Court of Appeals (CA) has ordered former justice secretary Alberto Agra to answer a petition questioning his resolution last April approving with finality the indictment of former Autonomous Region in Muslim Mindanao governor Zaldy Ampatuan for the killing of 57 people in Maguindanao on Nov. 23, 2009.

In a two-page resolution issued last July 19, the CA’s 11th division gave Agra 10 days from receipt of notice to submit his comment and the camp of Ampatuan five days to file a reply thereafter.

The CA, through Associate Justice Danton Bueser, did not immediately issue the temporary restraining order sought by Ampatuan to prevent the Department of Justice (DOJ) from implementing Agra’s resolution.

In a 65-page petition for certiorari filed last June 28, Ampatuan alleged that Agra committed grave abuse of discretion in taking back last April 26 the April 16 resolution that cleared him and another accused, former Maguindanao vice governor Datu Akmad Ampatuan Sr.

“He has put a greater premium on pressures of public opinion than on his duty as a fair and impartial instrument in the dispensation of justice,” Ampatuan said.

Agra, in his April 16 resolution, reversed the resolution of a panel of prosecutors who found probable cause to indict the two Ampatuans for their alleged involvement in the massacre of 57 civilians, including at least 30 journalists.

The DOJ chief held that the alibi of the two accused was stronger than the testimony of witness Kenny Dalandag.

Agra’s dismissal of the criminal complaint against Akmad and Zaldy drew public outrage, particularly from the members of the prosecution panel who called for his revocation of the April 16 resolution.

Acting on a motion for reconsideration, Agra reversed his decision in another resolution last April 26. He gave weight to the affidavit submitted by new witness Abdul Talusan, who corroborated Dalandag’s testimony.

This move prompted the two Ampatuans to seek relief from the CA. Akmad filed a separate petition with the appellate court also last June seeking to reverse Agra’s resolution.